When the Company May Merge, Etc. (a) The Company will not consolidate with or merge with or into, or convey, transfer or lease all or substantially all its assets to, any Person, unless:
Appears in 49 contracts
Samples: Supplemental Indenture (Sally Beauty Holdings, Inc.), Indenture (Sally Beauty Holdings, Inc.), Intercreditor Agreement (Hertz Global Holdings Inc)
When the Company May Merge, Etc. (a) The Company will not consolidate with or merge with or into, or convey, lease or otherwise transfer or lease all or substantially all its assets to, any Person, unless:
Appears in 17 contracts
Samples: Supplemental Indenture (US Foods Holding Corp.), Supplemental Indenture (US Foods Holding Corp.), Intercreditor Agreement (L Brands, Inc.)
When the Company May Merge, Etc. (a) The Company will shall not consolidate with or with, merge with or into, or sell, convey, transfer transfer, lease or lease otherwise dispose of all or substantially all of its property and assets (as an entirety or substantially as an entirety in one transaction or a series of related transactions) to, any PersonPerson (other than with or into the Guarantor or any Subsidiary of the Guarantor), or permit any Person to merge with or into the Company unless:
Appears in 9 contracts
Samples: Credit Suisse Group Funding (Guernsey) LTD, Credit Suisse Group Funding (Guernsey) LTD, Credit Suisse Group Funding (Guernsey) LTD
When the Company May Merge, Etc. (a) The Company will shall not consolidate with or merge with or into, or convey, transfer or lease all or substantially all its assets to, any Person, unless:
Appears in 6 contracts
Samples: Supplemental Indenture (Hertz Corp), Indenture (Hertz Corp), Indenture (VWR International, Inc.)
When the Company May Merge, Etc. (a) The Company will shall not consolidate with or merge with or intointo (whether or not the Company is the surviving corporation), or convey, transfer or lease all or substantially all of its properties or assets (determined on a consolidated basis for the Company and its Restricted Subsidiaries) in one or more related transactions to, any Person, other Person unless:
Appears in 6 contracts
Samples: Indenture (Archibald Candy Corp), Indenture (American Restaurant Group Inc), Indenture (Atlantic Express Transportation Corp)
When the Company May Merge, Etc. (a) The Company will shall not consolidate with or merge with or into, or conveysell, transfer lease, convey or lease otherwise dispose of all or substantially all of its assets to, any Person, another person unless:
Appears in 5 contracts
Samples: Supplemental Indenture (Mirage Resorts Inc), Supplemental Indenture (Mirage Resorts Inc), Mirage Resorts Inc
When the Company May Merge, Etc. (a) The Company will shall not consolidate with or with, merge with or into, or sell, convey, transfer transfer, lease or lease otherwise dispose of all or substantially all of its property and assets (as an entirety or substantially as an entirety in one transaction or a series of related transactions) to, any Person, Person (other than with or into the Guarantor) or permit any Person to merge with or into the Company unless:
Appears in 5 contracts
Samples: Senior Indenture (Credit Suisse Group), Default and Remedies (Credit Suisse Group), Credit Suisse Group
When the Company May Merge, Etc. (a) The Company will shall not consolidate with or merge with or into, or conveysell, transfer transfer, lease, convey or lease otherwise dispose of all or substantially all of its assets to, any Personanother Person (including pursuant to a statutory arrangement), whether in a single transaction or series of related transactions, unless:
Appears in 4 contracts
Samples: Indenture (Axsome Therapeutics, Inc.), Indenture (Axsome Therapeutics, Inc.), Indenture (Lion Biotechnologies, Inc.)
When the Company May Merge, Etc. (a) The Company will shall not consolidate with or merge with or intointo (whether or not the Company is the surviving corporation), or conveysell, transfer assign, transfer, lease, convey or lease otherwise dispose of all or substantially all of its properties or assets (determined on a consolidated basis for the Company and its Restricted Subsidiaries) in one or more related transactions to, any Person, other Person unless:
Appears in 3 contracts
Samples: Indenture (Clark Material Handling Co), Clark Material Handling Co, Clark Material Handling Co
When the Company May Merge, Etc. (a) The Company will may not consolidate with or merge with or into, or sell, convey, transfer or lease all or substantially all of its assets (either in one transaction or a series of transactions) to, any Person, Person unless:
Appears in 3 contracts
Samples: Indenture (Metropolitan Edison Co), Indenture (Met Ed Capital Trust), Peco Energy Co
When the Company May Merge, Etc. (a) The Company will not consolidate with or merge with or into, or convey, transfer or lease all or substantially all its assets to, any Person; provided that the Company may consolidate with or merge with or into, unlessor convey or transfer all (but not less than all) of its assets to any Person that is newly formed and has no previous operations, liabilities or assets, so long as:
Appears in 3 contracts
Samples: Indenture (Ambac Financial Group Inc), Collateral Agreement (Ambac Financial Group Inc), Collateral Agreement (Ambac Financial Group Inc)
When the Company May Merge, Etc. (a) The Company will shall not consolidate with or merge with or intointo or sell, or conveyassign, transfer or lease all or substantially all of its properties and assets to, (either in one transaction or series of related transactions) to any Person, unless:
Appears in 3 contracts
Samples: _______________________________________________________________ _______________________________________________________________ (Isp Holdings Inc), _______________________________________________________________ _______________________________________________________________ (Isp Holdings Inc), Building Materials Corp of America
When the Company May Merge, Etc. (a) The Company will shall not consolidate with or merge with into any other Person or intosell, convey or convey, transfer or lease all or substantially all of its assets to, (determined on a consolidated basis) to any Person, unless:
Appears in 2 contracts
Samples: Southwestern Energy Co, Southwestern Energy Services Co
When the Company May Merge, Etc. (a) The Company will not consolidate with or merge with or into, or convey, transfer or lease all or substantially all its assets to, any Person, unless:
Appears in 2 contracts
Samples: Refinancing Agreement (Sirva Inc), Refinancing Agreement (Relocation Management Systems Inc)
When the Company May Merge, Etc. (a) The Company will shall not consolidate with or merge with into any other Person or into, convey or convey, transfer or lease all or the properties and assets of the Company and its Subsidiaries substantially all its assets to, as an entirety to any Person, unless:
Appears in 2 contracts
Samples: Indenture (Lexmark International Inc /Ky/), Lexmark International Inc /Ky/
When the Company May Merge, Etc. (a) The Company will shall not consolidate with or merge with or into, or convey, transfer or lease all or substantially all of its assets to, any Person, Person unless:
Appears in 2 contracts
Samples: Indenture (German American Bancorp, Inc.), Indenture (German American Bancorp, Inc.)
When the Company May Merge, Etc. (a) The Company will shall not consolidate with or merge with or into, or conveysell, transfer lease, convey or lease otherwise dispose of all or substantially all of its assets Assets to, any Person, person unless:
Appears in 2 contracts
Samples: Indenture (Mirage Resorts Inc), Indenture (Mirage Resorts Inc)
When the Company May Merge, Etc. (a) The Company will not consolidate with or merge with or into, or convey, transfer or lease all or substantially all of its assets and its Restricted Subsidiaries’ assets, taken as a whole, to, any Person, unless:
Appears in 2 contracts
Samples: Supplemental Indenture (Frontdoor, Inc.), Supplemental Indenture (Servicemaster Global Holdings Inc)
When the Company May Merge, Etc. (a) The Company will shall not consolidate with or merge with or into, or conveysell, transfer transfer, lease, convey or lease otherwise dispose of all or substantially all of its property or assets to, any Personanother Person (including pursuant to a statutory arrangement), whether in a single transaction or series of related transactions, unless:
Appears in 2 contracts
Samples: Indenture (Nicewonder Contracting, Inc.), Subordinated Indenture (Nicewonder Contracting, Inc.)
When the Company May Merge, Etc. (a) The Company will shall not consolidate with or merge with or intointo or sell, or conveyassign, transfer or lease all or substantially all of its properties and assets to, (either in one transaction or in a series of related transactions) to any Person, unless:
Appears in 2 contracts
Samples: Execution Copy (Building Materials Corp of America), Execution (Building Materials Corp of America)
When the Company May Merge, Etc. (a) The Company will shall not consolidate with or merge with or into, or conveysell, transfer lease, convey or lease otherwise dispose of all or substantially all of its assets to, any Person, Person unless:
Appears in 1 contract
Samples: Sina Corp
When the Company May Merge, Etc. (a) The Company will not consolidate with or merge with or into, or convey, lease or otherwise transfer or lease all or substantially all its assets to, any PersonPerson (including pursuant to a Division), unless:
Appears in 1 contract
Samples: Core & Main, Inc.
When the Company May Merge, Etc. (a) The Company will shall not consolidate with or merge with or intointo any Person, or conveytransfer, transfer sell, lease or lease otherwise dispose of all or substantially all of its assets to, as an entirety to any Person, Person unless:
Appears in 1 contract
Samples: Aztar Corp
When the Company May Merge, Etc. (a) The Company will shall not consolidate with or merge with or into, into any other Person or convey, convey or transfer or lease all or its properties and assets substantially all its assets to, as an entirety to any Person, unless:
Appears in 1 contract
Samples: Best Buy Co Inc
When the Company May Merge, Etc. (a) The Company will not consolidate with or merge with or into, or convey, lease or otherwise transfer or lease other than for cash all or substantially all its assets to, any Person, unless:
Appears in 1 contract
Samples: Indenture (L Brands, Inc.)
When the Company May Merge, Etc. (a) The Company will shall not consolidate with or merge with or into, into any other Person or convey, convey or transfer or lease all or substantially all of its respective properties and assets to, to any PersonPerson (except that Company may merge with or into Guarantor), unless:
Appears in 1 contract
Samples: Alcon Inc
When the Company May Merge, Etc. (ai) The Company will not consolidate with or merge with or into, or convey, lease or otherwise transfer or lease all or substantially all its assets to, any Person, unless:
Appears in 1 contract
Samples: Indenture (L Brands, Inc.)
When the Company May Merge, Etc. (a) The Company will not not, ------------------------------- in a single transaction or series of related transactions, consolidate with or merge with or into, or conveysell, transfer assign, transfer, lease, convey or lease otherwise dispose of all or substantially all of its properties or assets to, any Person, person as an entirety or substantially as an entirety unless:
Appears in 1 contract
Samples: Leasing Solutions Inc
